ML19210A808
| ML19210A808 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/15/1977 |
| From: | Herbein J METROPOLITAN EDISON CO. |
| To: | Reid R Office of Nuclear Reactor Regulation |
| References | |
| GQL-1197, NUDOCS 7910310695 | |
| Download: ML19210A808 (11) | |
Text
U.S. NUCLEAR REGULATORY Ci ISSION COCKET NUMBE dde hf
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l NRC DISTRIBUTION PoR PART 50 DOCKET MATERIAL FROM:
DATEopcoCUMENT l' TO.
Metrcpolitan Edison Company 9/15/77 Mr. Rcbert W. Reid Reading, Pa.
e,7,,gegiv g o J. C. Herbein 9/19/77 l[ LITTER C NOTORIZE Q PRCP INPUT PORM NUM8ER OF CCPIES RECEIVED ORIGINAL UNCLASSIPIED gg CESCRIPTICN ENCLOSU R E l.tr' re f ow' lff cf Sf'Ef!7 i
Ltr. requesting withholding pursuant to 10 CFR 2.790....trans the following:
Respense to NRC request for information on Reactor Vessel Material Surveillance Program cf Dil-1....
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METHOPOLil'AN EDISON COMPANY POST OFFICE BOX 542 RE AOlNG, PENNSYLVANI A 19603 TELEPHONE 215 - 929-3001 Septe=ber 15, 1977 GQL 1197 Mr. Robert W. Reid, Chief
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Dear Sir:
s Operating License :To. DPR-50 Docket :To. 50-289 Enclosed please find one signed original and 39 copies of the information requested in your letter of May 18, 1977, concerning reactor vessel mate-rials. This respense contains veld metal chemistry information as taken frc= the material test reports. However, B&W is investigat.'.ng the un-certainty in the chemical compositicn of certain veld metal materials as a part of the 3&W Integrated Surveillance Program. Therefore, this veld
=etal infor=ation vill be revised upcn ec=pletion of the B&W study.
Cn January 15, 1975, the :iRC acknowledged their acceptance of BAW - 1006A, Rev. 3 Therefere,as alleved by your letter of May 18, 1977, we are re-ferencing this report as our response to question 5d.
It should be noted that the "Best Estimate Maximum ECL Fluence at Inner Wall" of 2.1 x 1019 n/c=2 appearing in Tables 1 and 3 is a conservative generic design value used by B&W and it should not be ec= pared to the T:C-1 best estimate of 1.8 x 101h n/c=2 based en the first surveillance capsule analysis reported in 3AW - 1439, January 1977.
In addition to the above, in-house review has necessitated preparation of an Errata Sheet which is attached to each respense package.
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L'r. Robert '4.
Reid, Chier September 15, 1977 GQ.L 1197 Each copy of this respcnse package is preceded by a signed affidavit describing the proprietary nature of the =aterial being transmitted.
You are requested to maintain this infor=aticn as proprietary as des-cribed in the affidavit.
c'n J. G. Herbein Vice President JGH:DGM:dkf
Enclosure:
1.
Respcnse to :TRC Request for Reactor Vessel Material Infor=aticn
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September 15, 1977 GQL 1197 Met-Ed Company ERRATA SHEET RESPONSE TO NRC REQUEST FOR INFORMATION ON REACTOR VESSEL MATERIAL SURVEILLANCE PROGRAM OF TMI-l Page 1:
Sb Change, "The data requested on the surveillance veld metal is provided in Table 1."
To Read, "The data requested en the surveillance veld metal is provided in Tables 1 &
2."
Sc Change, "The data requested on the surveillance base metal (s) is provided in Table 2."
To Read, "The data requested on the surveillance base metal (s) is provided in Tables 3 & h."
5d Change, "A copy of the Topical Report describing the capsules of the surveillance program is attached (BAW -10006A, Rev. 3)."
To Read, "A copy of the Topical Report describing the capsules of the surveillance program is attached (BAW -1006A, Rev. 3)."
Table 3:
For " Heat Number" C3251 - 1, delete the entry " Base Metal B" under the column headed " Surveillance Base Metal."
Note: This was not one of the surveillance velds.
Table h:
For " Base Metal Identification No." C3251 - 1, delete the entry "75" under the column headed " Impact Properties, CV-USE, Pt-Lbs. "
Note: This was an estimated value and not a measured value.
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s Babcock &Wilcox rr AFFIDAVIT OF JAMES H. TAYLOR A.
My name is James H. Taylor.
I am Manager of Licensing in the Nuclear Power Generation Division of Babcock & Wilcox, and as such I am authorized to execute this Affidavit.
B.
I am familiar with the criteria applied by Babcock & Wilcox to determine whether certain information of Babcock & Wilcox is proprietary and I am familiar with the procedure 3 established within Babcock & Wilcox, particularly the Nuclear Power Generation Division (NPGD), to ensure the proper application of these criteria.
C.
In determining whether a Babcock & Wilcox document is to be classified as proprietary information, an initial determinaticn is made by the unit manager who is responsible for originating the document as to whether it falls within the criteria set forth in Paragraph D hereof.
If the information falls within any one of these criteria, it is classified as proprietary by the originating unit manager.
This initial determination is reviewed by the cognizant section manage r.
If the document is designated as proprietary, it is reviewed again by Licensing personnel and other management within NPGD as designated by the Manager of Licensing to assure that the regulatory requirements of 10 CFR Section 2.790 are met.
D.
The following information is provided to demonstrate that the provisions of 10 CFR Section 2.790 of the Commission's regulations have been considered:
(1)
The information has been held in confidence by the Babcock & Wilcox Company.
Copies of the document are clearly identified as proprietary.
In addition, whenever Babcock & Wilcox transmits the information to a customer, customer's agent, potential customer or regulatory agency, the transmittal requests the recipient to hold the 15L9 104
Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
information as proprietary.
Also, in order to strictly limit any potential or actual custcmer's use of proprietary information, the following provision is. included in all proposals submitted by Babcock & Wilcox, and an applicable version of the proprietary provision is included in all of Babcock & Wilcox's contracts:
" Purchaser may retain Company's Proposal for use in connection with any contract resulting therefrom, and, for that purpose, make such copies thereof as may be necessary.
Any proprietary information concerning Company's or its Suppliers' products or manufacturing processes which is so designated by Company or its Suppliers and disclosed to Purchaser incident to the performance of such contract shall remain the property of Company or its Suppliers and is disclosed in confidence, and Purchaser shall act publish or otherwise disclose it to others without the written approval of Company, and no rights, implied or otherwise, are granted to produce or have produced any products or to practice or cause to be practiced any manufacturing processes covered thereby.
Notwithstanding the above, Purchaser may provide the NRC or any other regulatory agency with any such proprietary information as the NRC or such other agency may require; provided, however, that Purchaser shall first give Company written notice of such proposed disclosure and Company shall have the right to amend such proprietary information so as to make it non-proprietary.
In the event that Company cannot amend such proprietary information, Purchaser shall, prior to disclosing such information, use its best efforts to obtain a commitment from NRC or such other agency to have such information withheld from Babcock &%5!cox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
public it.3pection.
Company shall be given the right to participate in pursuit of such confidential treatment."
(ii)
The following criteria are customarily applied by Babcock & Wilcox in a rational decision process to determine whether the information should be classified as proprietary.
Information may be classified as proprietary if one or more of the following criteria are met.
a.
Information reveals cost cr price information, commercial strategies, production capabilities, or budgec levels of Babcock & Wilcox, its customers or suppliers, b.
The information reveals data or material concerning Babcock & Wilcox or customer funded research or development plans or programs of present or potential competitive advantage to Babecck & Wilcox.
c.
The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
d.
The information consists of test data or other similar data concerning a process, method or component, the application of which results in a competitive advantage to Babcock & Wilcox.
The information reveals special aspects of a process, e.
method, component or the like, the exclusive use of which results in a competitive advantage to Baccock &
Wilcox.
f.
The information contains ideas for which patent protection may be
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Babcock &Wilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
The document (s) listed on Exhibit "A", which is attached hereto and made a part hereof, has been evaluated in accordance with normal Babcock & Wilcox procedures with respect to classification and has been found to contain information which falls within one or more of the criteria enumerated above.
Exhibit "B", which is attached hereto and made a part hereof, specifically identifies the criteria applicable to the document (s) listed in Exhibit "A".
(iii)
The document (s) listed in Exhibit "A", which has been made available to the United States Nuclear Regulatory Commission was made available in confidence with a request that the document (s) and the information contained therein be withheld from public disclosure.
(iv)
The inrormation is not available in the open literature and to the best of our knowledge is not known by Combustion Engineering, EXXOH, General Electric, Westinghouse or other current or potential domestic or foreign competitors of B&W.
(v)
Specific information with regard to whether public disclosure of the information is likely to cause harm to the competi ive position of Babcock & Wilcox, taking into account the value of the information to Babcock &
Wilcox; the amount of effort or money expended by Babcock & Wilcox developing the information; and the ease o" difficulty with which the information could be properly duplicated by others is given in Exhibit "B".
E.
I have personally reviewed the document (s) listed on Exhibit "A" and have found that it is considered proprietary by Babcock &
Wilcox because it contains information which falls within one or more of the criteria enumerated in Paragraph D, and it is
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Babc.ock&Wilcox AFFIDAVIT OF JAMES H. TAYLOR (CONT'D.)
information which is customarily held in confidence and pro-tected as proprietary information by Babcock & Wilcox.
This report comprises information utilized by Babcock & Wilcox in its business which afford Babcock & Wilcox an opportunity to obtain a competitive advantage over those who may wish to know or use the information contained in the document (s).
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JAMES H. IAYLOR State of Virginia)
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SS. Lynchburg City of Lynchburg)
James H. Taylor, being duly sworn, on his oath d,eposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.
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JAMESH.TAYfR SubscribepdayofAugust1977.
and sworn before me this /2 4 xchY d }hd Not; dry Public in and for the City of Lynchburg, State of Virginia My Commission Expires
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Babcock &Wilcox EXHIBIT A Response to NRC Request for Information on Reactor Vessel Material Surveillance Program 1537 109
Bab.co.ck&VAlcox EXHIBIT B Proprietary Portions of Response to NRC Request for Information on Reactor Vessel Material Surveillance Program Criteria Entire document b,c,d,e Specific informaticn with regard to potential' harm to B&W by disclosure of the material includes:
1.
B&W has expended over $250,000 to date in research and deve:cpment of our reactor vessel surveillance program.
This program has involved a three yeTr effort.
2.
The data and information as contained la this document is not available in the open literature or elsewhere in the open market.
3.
Development of this technology gives B&W a distinct commercial advantage over competitors who do not have or are in t he process of developing such a program.
The market potential for this technology is estimated to exceed two million dollars.
B&W ccmpetitors for this market include Fracture Control Incorporated, Southwest Research Institute, Fracture Analysis Associates, Effects Technology Incorporated, Battelle Memorial Institute, and Westinghouse Electric Corporation.
4.
Portions of the information cannot be easily acquired or duplicated by others since it results from B&W engineering evaluations of the detailed R&D program identified in (1).
Other portions of the information m16ht be duplicated at the expense of the monies and effort listed in (1).
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